FP 2008-199 Adopted 01/20/09 1 Readopt with amendment Env-Wm 1402.01, eff. 5-28-05 (doc. #8359), to read as follows: Env-Wm 1402.01 Purpose. The purpose of these rules is to minimize contamination of the waters and land of the state due to the improper storage and handling of motor fuels, heating oils, lubricating oils, insulating oils, used oils, other petroleum products, and petroleum-contaminated liquids by establishing requirements for the registration, design, installation, operation, maintenance, and monitoring of aboveground petroleum storage facilities. Amend Env-Wm 1402.02(a), eff. 5-28-05 (doc. #8359), cited and to read as follows: Env-Wm 1402.02 Applicability. (a) These rules shall apply to the following above-ground oil storage facilities: (1) Those facilities having a single aboveground storage tank (AST) system with an oil storage capacity of more than 660 gallons, intended for storage, transfer, or distribution of oil; and (2) Those facilities with a combined oil storage capacity of more than 1,320 gallons, intended for storage, transfer, or distribution of oil, wherein the combined oil storage capacity shall be determined by adding together all aboveground storage tank systems with a nominal oil storage capacity of 55 gallons or more, intended for storage, transfer, or distribution of oil. Amend Env-Wm 1402.02(b)(10), eff. 5-28-05 (doc. #8359), to read as follows: Env-Wm 1402.02 Applicability. (b) The following types of above-ground oil storage systems shall not be subject to the rules contained in this part: (10) Cargo trucks engaged in transporting oil from one facility to another and which are required to meet applicable requirements of the United States Department of Transportation and the New Hampshire department of safety. Amend Env-Wm 1402.02(c)(3), eff. 5-28-05 (doc. #8359), to read as follows: (c) The following types of above-ground oil storage systems shall not be subject to the rules contained in this part other than the requirements noted: (3) Any temporary AST system at a construction site meeting the applicability of Env-Wm 1402.02(a)(1) but not Env-Wm 1402.02(a)(2), and existing only for the specific duration of the construction contract for which it is used, not to exceed one year, subject to the requirements listed in Env-Wm 1402.37. Amend Env-Wm 1402.03, eff. 5-28-05 (doc. #8359), by inserting new paragraph (d) and renumbering existing paragraph (d) as (e) and so on, so that paragraph (d) is cited and reads as follows: Env-Wm 1402.03 Definitions. (d) Cargo truck means any motor vehicle or towed trailer that is designed or used for transporting oil. Amend Env-Wm 1402.03(q)(1), eff. 5-28-05 (doc. #8359), which is being renumbered as (r)(1) due to the
FP 2008-199 Adopted 01/20/09 2 insertion of new (e), to read as follows: (r) Heating oil means petroleum that is: (1) No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, or No. 6 technical grade of fuel oil, and that is not a used oil as defined in Env-Wm 1402.03(at); Amend Env-Wm 1402.03, eff. 5-28-05 (doc. #8359), by inserting new paragraph (v) and renumbering existing paragraph (u), which is being renumbered as (v) due to the insertion of new (d), as (w) and so on, so that paragraph (v) reads as follows: (v) New AST site means a parcel of land where no regulated aboveground storage tank system has existed and on which the installation of a regulated aboveground storage tank system is proposed. Amend Env-Wm 1402.03, eff. 5-28-05 (doc. #8359), by inserting new paragraph (ae) and renumbering existing paragraph (ac), which is being renumbered as (ae) due to the insertion of new (d) and (v), as (af) and so on, so that paragraph (ae) reads as follows: (ae) Public water system means public water system as defined in RSA 485:1-a, XV. Amend Env-Wm 1402.03, eff. 5-28-05 (doc. #8359), by inserting new paragraph (ak) and renumbering existing paragraph (ah), which is being renumbered as (ak) due to the insertion of other new definitions, as (al) and so on, so that paragraph (ak) reads as follows: (ak) Sanitary protective area means the sanitary protective area as listed in Env-Dw 301.06 for small production wells for community water systems, Env-Dw 302.06 for large production wells for community water systems, Env-Ws 372.14 or successor rule in subtitle Env-Dw for small community water systems, or Env-Ws 373.12 or successor rule in subtitle Env-Dw for non-community public water systems, as applicable. Amend Env-Wm 1402.03, eff. 5-28-05 (doc. #8359), by inserting new paragraphs (ar) through (au), to read as follows: (ar) Surface waters of the state means surface waters of the state as defined in RSA 485-A:2, XIV, namely, perennial and seasonal streams, lakes, ponds and tidal waters within the jurisdiction of the state, including all streams, lakes or ponds bordering on the state, marshes, water courses and other bodies of water, natural or artificial. (as) Underground piping means any pipe that is in contact with the ground or is located below the surface of the ground. (at) Used oil means any oil that has been refined from crude oil which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties. (au) Well means well as defined in RSA 482-B:2, VII, namely a hole or shaft sunk into the earth which is deeper than it is wide to observe, sample, or withdraw groundwater. Readopt with amendment Env-Wm 1402.04, eff. 5-28-05 (doc. #8359), to read as follows: Env-Wm 1402.04 Reference Standards.
FP 2008-199 Adopted 01/20/09 3 (a) Referenced standards shall be available for inspection at the Department of Environmental Services, 29 Hazen Drive, Concord, NH and from the sources noted. (b) Subject to (j), below, owners subject to this part shall comply with citations used in this part that refer to the publications listed in (c) through (i), below. (c) From the American Petroleum Institute (API), 1220 L Street, NW, Washington, DC 20005-4070, (202) 682-8000, http://www.api.org, the following shall apply: (1) Standard Number 620 - Design and Construction of Large Welded Low-Pressure Storage Tanks, eleventh edition, 2008; (2) Standard Number 650 - Welded Steel Tanks for Oil Storage eleventh edition, 2007; (3) Recommended Practice 651 - Cathodic Protection of Aboveground Petroleum Storage Tanks, seventh edition, 2007; (4) Standard Number 653 - Tank Inspection, Repair, Alteration, and Reconstruction, third edition, 2001; (5) Recommended Practice 1615 Installation of Underground Petroleum Systems, fifth edition, 1996; (6) Recommended Practice 1632 Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems third edition, 1996, reaffirmed June 2002; and (7) Standard Number 2610 Design, Construction, Operation, Maintenance, and Inspection of Terminal and Tank Facilities, fifth edition, 2005. (d) From NACE International, 1440 South Creek Drive, Houston, Texas 77084-4906, (281) 228-6200, http://www.nace.org, the following shall apply: (1) Standard Number SP -0169-2007 (formerly RP-0169-2002) Control of External Corrosion on Underground or Submerged Metallic Piping Systems ; and (2) Standard Number RP-0285-2002 Control of Underground Storage Tank Systems by Cathodic Protection. (e) From the office of the state fire marshal, 33 Hazen Drive, Concord, New Hampshire 03301, (603) 271-3294, http://www.state.nh.us/safety/firesafety/codefire.html, Saf-C 6000, State Fire Code, shall apply. (f) From Underwriters Laboratories (UL), 333 Pfingsten Road, Northbrook, Illinois 60062-4169, (877) 854-3577, http://www.ul.com, the following shall apply: (1) UL 142 Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids ninth edition, 2006; (2) UL 2080 Standard for Fire Resistant Tanks for Flammable and Combustible Liquids, first edition, 2000; (3) UL 2085 Standards for Protected Aboveground Tanks for Flammable and Combustible Liquids, second edition, 1997; and
FP 2008-199 Adopted 01/20/09 4 (4) UL 2245 Standard for Below-Grade Vaults for Flammable Liquid Storage Tanks, second edition, 2006. (g) From the Petroleum Equipment Institute (PEI), P.O. Box 2380, Tulsa, Oklahoma 74101-2380, (918) 494-9696, http://www.pei.org, the following shall apply: (1) RP200 Recommended Practices for Installation of Aboveground Storage Systems for Motor Vehicle Fueling, revised 2003; (2) RP300 - Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle Fueling Sites, revised 2004; (3) RP600 - Recommended Practices for Overfill Prevention for Shop-fabricated Aboveground Tanks, 2007; and (4) RP800 - Recommended Practices for Installation of Bulk Storage Plants, 2008. (h) From the Steel Tank Institute (STI), 570 Oakwood Road, Lake Zurich, Illinois 60047, (847) 438-8265, http://www.steeltank.com, the following shall apply: (1) STI SP001 Standard for the Inspection of Aboveground Storage Tanks, fourth edition, 2006. (i) From the National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (617) 770-3000, http://www.nfpa.org, the following shall apply: (1) NFPA 30 - Flammable and Combustible Liquid Code, 2003 Edition; (2) NFPA 30A - Code for Motor Fuel Dispensing Facilities and Repair Garages, 2008 Edition; and (3) NFPA 31 - Standard for the Installation of Oil-Burning Equipment, 2006 Edition. (j) Where there is any conflict amongst these rules and any of the referenced standards, the most stringent shall apply. Amend Env-Wm 1402.05, eff. 5-28-05 (doc. #8359), by inserting paragraph (g), cited and to read as follows: Env-Wm 1402.05 Registration. (g) The owner shall keep a record of all registered ASTs on a certificate of registration provided by the department. The certificate shall be kept on the facility premises and made available to department inspectors and individuals delivering oil to the facility upon request. Readopt with amendment Env-Wm 1402.10 and Env-Wm 1402.11, eff. 5-28-05 (doc. #8359), to read as follows: Env-Wm 1402.10 Oil Transfers. (a) Oil transfers shall be performed in accordance with 49 CFR 172, Subpart H, otherwise referred to as US DOT rulemaking docket number HM-126F, which requires the operator of the cargo truck
FP 2008-199 Adopted 01/20/09 5 effecting the transfer to be periodically trained to transport and handle hazardous materials. (b) The direct transfer of oil from the cargo tank of a cargo truck to the cargo tank of another cargo truck shall be prohibited, except during an emergency situation as authorized by emergency response personnel. Env-Wm 1402.11 Suspected Discharge and Testing Requirements. (a) When a discharge of oil from an AST system or a leak in an interstitial space of an AST system is suspected or appears probable, the owner shall: (1) Verbally notify the department within 24 hours of discovery; and (2) Verify the integrity of the suspect AST system through observation and testing of the suspected system component within 30 days. (b) The appropriate testing method shall be recognized by a national tank, standards, or petroleum industry association referenced in Env-Wm 1402.04, such as: (1) For field-constructed ASTs, API 653; (2) For shop-fabricated ASTs, API 653 or STI SP001; or (3) For piping, manufacturer s recommended procedure or NFPA 30. (c) The owner shall notify the department of actions taken and the results of any testing performed in accordance with (a)(2), above, within a reasonable amount of time not to exceed 60 days of its being performed. (d) Notification shall include the following: (1) Description of actions taken; (2) Location of the tested AST; (3) Date of the test; (4) Reason for the test; (5) Type of testing employed; (6) The identity and qualifications of the person performing the test; and (7) Results of the testing. (e) Testing shall be performed by or under the supervision of an individual certified by industry associations such as API, STI, International Code Council (ICC), or American Society of Mechanical Engineers. (f) If any testing reveals that a discharge has occurred, the owner shall notify the department in accordance with Env-Or 604 and implement the preliminary response action in accordance with Env-Or 605.
FP 2008-199 Adopted 01/20/09 6 (g) If any testing reveals a tank or equipment deficiency, the owner shall correct the deficiency in accordance with Env-Wm 1402.29(h). Amend Env-Wm 1402.14(a), eff. 5-28-05 (doc. #8359), cited and to read as follows: Env-Wm 1402.14 Removal of AST System. (a) Unless the owner provides documentation to the department certifying that the AST system meets all standards for new AST systems, the owner of the facility shall clean the AST system pursuant to Env-Wm 1402.12(c) and remove the AST system from the property no later than: (1) The date on which a shop-fabricated AST system has not had oil introduced to or removed from it for 10 years; or (2) The date on which a field-erected AST system has not had oil introduced to or removed from it for 15 years. Amend Env-Wm 1402.15(e), eff. 5-28-05 (doc. #8359), cited and to read as follows: Env-Wm 1402.15 Site Assessment After Removal. (e) Samples shall be analyzed for: (1) Volatile organic compounds (VOC) in the water matrix, and VOC and total petroleum hydrocarbons (TPH) as gasoline in the soil matrix, if the system stored gasoline or similar weight product(s); (2) VOC and polycyclic aromatic hydrocarbons (PAH) in the water matrix, and VOC, PAH, and TPH as fuel oil in the soil matrix, if the system stored diesel fuel, fuel oils, used oil, or similar weight product(s); and (3) Arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver (RCRA metals) using the toxicity characteristics leaching procedure (TCLP) as defined in method 1311 of SW-846, Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods in the soil matrix if the system stored used oil. Amend Env-Wm 1402.16(b)(2), eff. 5-28-05 (doc. #8359), cited and to read as follows: Env-Wm 1402.16 Used Above-Ground Storage Tanks. (b) If a used tank meets the standards for new tanks, it may be reinstalled for oil storage only after: (2) The tank is determined to be structurally sound by an API or STI certified inspector or a professional engineer with knowledge of tank testing procedures. Amend Env-Wm 1402.17(g) and (j), eff. 5-28-05 (doc. #8359), cited and to read as follows: Env-Wm 1402.17 Requirements for Approval of AST Systems and Piping. (g) An approval shall be valid for one year from the date of issuance. If construction of the AST system is not completed within one year of approval, the approval shall lapse. An owner may request a waiver from the one-year expiration period in accordance with Env-Wm 1402.36.
FP 2008-199 Adopted 01/20/09 7 (j) Once the department determines that the newly constructed AST system has been installed in accordance with the approved plans and Env-Wm 1402.38, and meets the intent of Env-Wm 1402.18 through Env-Wm 1402.28, the department shall grant formal approval to operate the new AST system. Amend Env-Wm 1402.18(a)(2), 5-28-05 (Doc. #8359), cited and to read as follows: Env-Wm 1402.18 Tank Standards for New AST Systems. (a) All new ASTs regulated under this part that do or will contain oil shall: (2) Meet or exceed the following design or manufacturing standards, as applicable: a. UL 142, for shop-fabricated steel tanks; b. API Standard 620, for field-constructed, low pressure steel tanks; c. API Standard 650, for shop-fabricated and field-constructed atmospheric steel tanks; d. UL 142 and UL 2080, for fire resistant tanks; e. UL 2085, for protected tanks; f. UL 2245, for below-grade vaults; g. PEI/RP 200, for motor fuel dispensing facilities; h. PEI/RP 300, for vapor recovery systems at motor fuel dispensing facilities; i. PEI/RP 800, for bulk storage plants; and j. API Standard 2610, for AST facilities and terminals. Amend Env-Wm 1402.19(h) intro and (2)b., eff. 5-28-05 (doc. #8359), cited and to read as follows: Env-Wm 1402.19 Piping Standards for New AST Systems. (h) All underground piping, fittings, and connections shall have secondary containment pursuant to Env-Wm 1402.22, and: (2) Conform to the following standards as applicable: b. Thermoplastic extrusion flexible piping shall meet UL Standard for Non-Metallic Underground Piping for Flammable Liquids, 2005, Subject 971; Amend Env-Wm 1402.19(m), eff. 5-28-05 (doc. #8359), to read as follows: (m) Copper tubing shall not be used in AST system applications requiring the use of: (1) Piping greater than 1/2 inch national pipe thread (NPT) size; or (2) Piping to transfer oil under pressure, except for boiler return lines having no valves or obstructions and entering the top of the tank.
FP 2008-199 Adopted 01/20/09 8 Amend Env-Wm 1402.21(h), eff. 5-28-05 (doc. #8359), by deleting paragraph (h)(4), so that paragraph (h) reads as follows: Env-Wm 1402.21 Secondary Containment for New AST Systems. (h) A double-walled tank may be used in lieu of the requirements of (b) through (e), above, if the double-walled tank is installed with all of the following: (1) Overfill protection as required in Env-Wm 1402.24; (2) Interstitial monitoring, as required in Env-Wm-1402.25(a) and (b); and (3) A mechanically operated automatic fill shut-off valve located in the fill bung of the tank, or an oil transfer pump with an independent high-level detection system that will automatically shut down the transfer pump and prevent flow of oil to the tank and will be activated: a. When the tank is filled to 95 percent of the total capacity of the tank for tanks with a storage capacity of 12,000 gallons or less; or b. When the tank is filled to one percent less than the calculated maximum safe fill height for tanks with a storage capacity of greater than 12,000 gallons. Amend Env-Wm 1402.22(a), eff. 5-28-05 (doc. #8359), cited and to read as follows: Env-Wm 1402.22 Secondary Containment for New Piping for AST Systems. (a) All new underground piping shall have secondary containment such as: (1) Double-wall piping meeting the requirements of Env-Wm 1402.19; or (2) An engineered piping trench system. Amend Env-Wm 1402.26, eff. 5-28-05 (doc. #8359), by inserting paragraphs (h) through (j), cited and to read as follows: Env-Wm 1402.26 Installation of New Above-Ground Storage Tank Systems. (h) At all new AST sites, as of the effective date of the 2009 amendments to this part, AST systems shall be located as follows: (1) For all gasoline AST systems, at least 500 feet from public water system wells and at least 250 feet from non-public water system wells; (2) For all heating oil AST systems used only for on-premise heating of a structure and all non-gasoline AST systems used only for on-premise use emergency electrical generation, outside the sanitary protective area of public water system wells and at least 75 feet from nonpublic water system wells; (3) For all other AST systems, at least 400 feet from public water system wells and at least 75 feet from non-public water system wells; and (4) For all AST systems, with the exception of marinas, hydro-electric facilities, and bulk storage terminals receiving oil by way of waterborne transportation, at least 75 feet from
FP 2008-199 Adopted 01/20/09 9 surface waters of the state. (i) At all AST sites existing prior to the effective date of the 2009 amendments to this part, an AST system shall not be added, substantially modified, or replaced, within the sanitary protective area of a public water system well in violation of Env-Dw 301, Env-Dw 302, Env-Ws 372, or Env-Ws 373, as applicable. (j) At all AST sites existing prior to the effective date of the 2009 amendments to this part, when an AST system is added, substantially modified, or replaced, and the minimum separation distance of 75 feet from a non-public water system well is not met, the separation distances shall not be decreased. Amend Env-Wm 1402.27(a) and (b), eff. 5-28-05 (doc. #8359), cited and to read as follows: Env-Wm 1402.27 Requirements for Oil Transfer Areas. (a) All areas where oil is transferred from a cargo truck or railcar engaged in the transport of oil to an AST system shall be constructed of a concrete pad or other impermeable surface. This concrete pad or impermeable surface shall be constructed of sufficient size so that all connection points are situated over the impermeable area when the transfer of oil is occurring. (b) All areas where oil is transferred from an AST system to a cargo truck or railcar engaged in the transport of oil shall be constructed of a concrete pad or other impermeable surface. This concrete pad or impermeable surface shall be constructed of sufficient size so the entire tank portion of the cargo truck or railcar being filled is situated over the impermeable area when the transfer of oil is occurring. Amend Env-Wm 1402.28(b), eff. 5-28-05 (doc. #8359), cited and to read as follows: Env-Wm 1402.28 Release Detection for AST Systems. (b) All pressurized underground and over-water motor fuel dispenser piping systems installed after the effective date of the 2005 amendments to this part shall: (1) Be equipped with a UL-listed line leak detector capable of detecting a line leakage rate of 3 gallons per hour at 10 pounds per square inch; and (2) Automatically shut-off or restrict product flow if the leakage rate is exceeded. Amend Env-Wm 1402.29(b), eff. 5-28-05 (doc. #8359), cited and to read as follows: Env-Wm 1402.29 Inspection and Reporting Requirements for AST Systems. (b) The owner of an AST facility shall test the following AST system components annually, and repair or replace malfunctioning components within 30 days: (1) Overfill alarm system sensors and automatic fill shutoff devices, if required pursuant to Env-Wm 1402.24 or Env-Wm 1402.21(h)(3), by removing the sensors/devices from the tank and activating them or by testing them pursuant to manufacturer s recommended test procedure; (2) Interstitial alarm sensors, if required pursuant to Env-Wm 1402.25, by removing the sensors from the interstitial space and activating them or by testing them pursuant to manufacturer s recommended test procedure; and
FP 2008-199 Adopted 01/20/09 10 (3) Line leak detectors, if required pursuant to Env-Wm 1402.28(b), in accordance with the manufacturer s recommended test procedure. Amend Env-Wm 1402.29(e)(3), eff. 5-28-05 (doc. #8359), to read as follows: (e) Detailed interior tank inspections shall consist of: (3) Entering the tank to determine its suitability for continued service in accordance with API 653 or STI SP001, as applicable; and Amend Env-Wm 1402.29(h) and (i), eff. 5-28-05 (doc. #8359), and renumber as (h) through (k), so that paragraphs (h) through (k) read as follows: (h) If any inspection reveals a leak, a tank or equipment deficiency, a deficiency in monitoring equipment, an indication that the thickness of the tank shell or floor has thinned beyond the minimum criteria as described in API 653 or STI SP001, as applicable, or any other deficiency which has caused a reasonable expectation that a discharge is imminent, the owner shall verbally notify the department within 24 hours of discovery, and shall immediately implement measures to prevent a discharge, eliminate the leak, or correct the deficiency. (i) If any inspection reveals that a discharge has occurred, the owner shall notify the department in accordance with Env-Or 604 and implement the preliminary response action in accordance with Env-Or 605. (j) All detailed interior tank inspections shall be performed by an API or STI certified inspector or a professional engineer with knowledge of tank testing procedures. (k) Results of the following inspections and testing shall be submitted to the department by the owner within 60 days of accomplishing the inspection or test: (1) Testing performed pursuant to Env-Wm 1402.29(b); and (2) A copy of the results and certification page signed by the inspector and including the inspector s API or STI certification number or professional engineer stamp for detailed interior tank inspections performed pursuant to Env-Wm 1402.29(c). Amend Env-Wm 1402.30, eff. 5-28-05 (doc. #8359), by inserting paragraph (d), cited and to read as follows: Env-Wm 1402.30 Spill Prevention Control and Countermeasure Planning. (d) The owner shall submit a copy of the signed and professional engineer stamped certification page of the SPCC Plan to the department within 60 days of implementation of new and revised SPCC Plans. Amend Env-Wm 1402.34(c), eff. 5-28-05 (doc. #8359), by inserting subparagraph (4), cited and to read as follows: Env-Wm 1402.34 Recordkeeping Requirements. (c) The owner shall maintain the following records for a period not less than 3 years: (4) Records of inventory monitoring required under Env-Wm 1402.09.
FP 2008-199 Adopted 01/20/09 11 Amend Env-Wm 1402.34(d), eff. 5-28-05 (doc. #8359), by inserting subparagraph (7), cited and to read as follows: (d) The owner shall maintain the following records on an ongoing basis: (7) Results of all cathodic protection system testing at the facility required under Env-Wm 1402.20. Amend Env-Wm 1402.35(a) and (d), 5-28-05 (Doc. #8359), cited and to read as follows: Env-Wm 1402.35 Upgrading of AST Systems. (a) All AST systems, and all underground and over water piping, shall have secondary containment in accordance with Env-Wm 1402.21 and Env-Wm 1402.22. For systems installed prior to the effective date of the 2005 amendments to this part, the secondary containment shall be installed within 3 years of the effective date of the 2005 amendments to this part. (d) All on premise use heating oil systems existing as of the effective date of the 2005 revisions to these rules that are newly regulated due to the exemption in Env-Wm 1402.02(b)(1) being changed to 1,320-gallons of capacity or less, shall have 3 years from the effective date of the 2005 amendments to this part to become compliant with this part. Amend the introductory language of Env-Wm 1402.37, eff. 5-28-05 (doc. #8359), to read as follows: Env-Wm 1402.37 Temporary AST Systems at Construction Sites. Temporary AST systems at construction sites meeting the applicability of Env-Wm 1402.02(a)(1) but not Env-Wm 1402.02(a)(2), and existing only for the specific duration of the construction contract for which it is used, not to exceed one year, shall: Readopt with amendment Env-Wm 1402.39, eff. 5-28-05 (doc. #8359), to read as follows: Env-Wm 1402.39 Cargo Truck Use at a Facility or by the Military. (a) If normal facility operations require a cargo truck to be used to deliver fuel to the fuel tanks of stationary equipment, off-road earthmoving equipment, military tactical vehicles, parked aircraft, or parked refrigeration trailers, then cargo truck use is authorized at the facility and shall be exempt from regulation under this part except that the requirements of Env-Wm 1402.10(b) shall apply. (b) Except as allowed by (a), above, cargo trucks and trailers shall not be used for the purpose of on-site storage of oil at a facility. (c) Except as allowed by (d), below, cargo trucks and trailers shall not be used for the purpose of refueling on-road motor vehicles. (d) The use of cargo trucks by military personnel to support military vehicles in convoy shall be allowed provided that there is an applicable oil spill and response plan, prepared pursuant to 49 CFR 130.31, which requires: (1) The use of portable flexible containment areas; and (2) Proper containment and disposal of any spilled oil.
FP 2008-199 Adopted 01/20/09 12 APPENDIX Rule Section(s) State Statute(s) Implemented Federal Requirement(s) Implemented Env-Wm 1402 (see also specific sections listed below) RSA 146-A:3; RSA 146-A:3-a; RSA 146-A:4; RSA 146-A:5; RSA 146-A:11-c, I, III, IV, V, 40 CFR Part 112 Env-Wm 1402.01; Env-Wm 1402.02(a), (b)(10), (c)(3) Env-Wm 1402.03(d) (new), (q)(1), (v) (new), (ae) (new), (ak) (new), (ar)-(au) (new) Env-Wm 1402.04 Env-Wm 1402.05(g) V-a; RSA 541-A:22, IV RSA 146-A:3; RSA 146-A:3-a; RSA 146-A:4; RSA 146-A:5; RSA 146-A:11-c, I, III, IV, V, V-a; RSA 541-A:22, IV RSA 146-A:3; RSA 146-A:3-a; RSA 146-A:4; RSA 146-A:5; RSA 146-A:11-c, I, III, IV, V, V-a; RSA 541-A:22, IV RSA 146-A:3; RSA 146-A:3-a; RSA 146-A:4; RSA 146-A:5; RSA 146-A:11-c, I, III, IV, V, V-a; RSA 541-A:22, IV RSA 146-A:3; RSA 146-A:3-a; RSA 146-A:4; RSA 146-A:5; RSA 146-A:11-c, I, III, IV, V, V-a; RSA 541-A:22, IV 40 CFR Part 112 40 CFR Part 112 40 CFR Part 112 40 CFR Part 112 Env-Wm 1402.10 RSA 153:5 US DOT HM 181, part HM-126F Env-Wm 1402.11 RSA 485-C:4 40 CFR Part 112 Env-Wm 1402.14(a) RSA 485-C:4 40 CFR Part 112 Env-Wm 1402.15(e) RSA 485-C:4 Env-Wm 1402.16(b)(2); RSA 153:5 Env-Wm 1402.17(g) & (j) Env-Wm 1402.18(a)(2); Env-Wm RSA 153:5 40 CFR Part 112 1402.19(h) intro & (2)b. & (m) Env-Wm 1402.21(h) RSA 153:5 40 CFR Part 112 Env-Wm 1402.22(a) 40 CFR Part 112 Env-Wm 1402.26(h)-(j); RSA 153:5 40 CFR Part 112 Env-Wm 1402.27(a) & (b) Env-Wm 1402. Env-Wm 1402.28(b); 40 CFR Part 112 Env-Wm 1402.29(b), (e)(3), (h)-(k); Env-Wm 1402.30(d) Env-Wm 1402.34(c)(4) & (d)(7) 40 CFR Part 112 Env-Wm 1402.35(a) & (d) RSA 153:5 40 CFR Part 112 Env-Wm 1402.37 intro RSA 153:5 40 CFR Part 112 Env-Wm 1402.39 RSA 153:5